Disposed

Nandlal Soni v. State of U.P. and 5 Others

Allahabad HC11 Jul 2024WPIL/1237/2024

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought a direction to implement an order under Section 67 of the U.P. Revenue Code, 2006, which remained unexecuted. Noting a preliminary objection regarding maintainability, the court directed the petitioner to file an application invoking Rule 460 of the Revenue Court Manual within one week.

What did the court decide?

Directed the petitioner to file an application invoking para 460 of the Revenue Court Manual within one week.

Nandlal Soni vs State of U.P. and 5 Others — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118731

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Court No. - 50

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1237 of 2024

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Petitioner :- Nandlal Soni Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Alauddin,Fakhruddin Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Alauddin, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Pankaj Gupta, learned counsel for the Gaon Sabha.

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The limited prayer in this writ PIL is for a direction to the respondent No. 4 to comply with the order dated 4.9.2023 passed by the respondent No. 4.

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Learned counsel for the petitioner submits that despite the order having been passed under Section 67 of U.P. Revenue Code on 4.9.2023, the same has not been given effect till date. He further submits that the order passed under Section 67 of the U.P. Revenue Code, 2006, is required to be implemented under such circumstances that the petitioner has approached this Court seeking issuance of a writ of mandamus commanding the respondents to take appropriate action consequent to the order dated 4.9.2023 passed under Section 67 of the U.P. Revenue Code, 2006. A perusal of the para 460 of the U.P. Revenue Court Manual empowers implementation of the orders passed under Chapter IV. The relevant Paragraph 460 of the U.P. Revenue Court Manual is being reproduced hereunder:-

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" 460. Execution of decree and order- (1) The decree or order passed under the Code or the Rules framed under the Code shall, mutatis mutandis, be executed in accordance with the provisions of Chapter V.

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(2) The Assistant Collector/Tehsildar passing the order for eviction or recovery of any amount of damages or compensation under the prvisions of Section 67 of the Code shall get the order executed and in execution of the order he shall, mutatis mutandis, follow the procedure laid down in paragraphs 137 and 138."

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A preliminary objection has been raised by learned Standing

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Counsel that the writ petition is not maintainable for execution of the orders passed by the Revenue Court in view of the judgment passed by the Division Bench of this Court in Manbhavati vs. State of U.P. and others; 2020 1 AWC 789A as well as in Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others) .

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In the opinion of the Court, the present writ PIL can be disposed of by requiring the petitioner to file an application invoking para 460 of the Revenue Court Manual within one week from today . In the eventuality of such an application being filed, it is expected that the respondent no. 4 shall look into the application and pass appropriate orders thereon in accordance with law within next three weeks if there is no other legal impediment.

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With the aforesaid observation, the writ PIL stands disposed of .

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Order Date :- 25.7.2024 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Nandlal Soni v. State of U.P. and 5 Others

Case brief

What is this about?

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Nandlal Soni v. State of U.P. and 5 Others

Case brief

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